Rubik's Cube Patent

[Lofty]

I have a question from a friend of mine in art school. Does Rubik's/Seven Town's have a patent on the cube image itself or just the Rubik logo? Like could he make money selling art that involved the cube? If he designed a video game that involved the Rubik's cube would he have to pay royalties to Rubik's/Seven Town's?
My assumption is that as long as he doesn't call it a rubik's cube or use the Rubik's logo then he is ok and will not have to pay anything to anyone.

 

[Mike Hughey]

Seven Towns are pretty tough with their intellectual rights approach, although I'm not sure how aggressive they are in the USA. If you want to know their stance, you should probably look at this and this.

And it seems they even have a specific spot here that you can go to if you want to play by their rules and get them to approve of the product.

I don't fully agree with their approach to intellectual rights - I think it somewhat abuses the intention of the laws - but it's their lawyers you'll have to deal with, not me.

 

[Lofty]

Hmm so does that mean that every time a twisty cube image appears in an advertisement, on television, in music videos, etc the person who made that content had to contact Seven Towns?

 

[MichaelErskine]

Hmm so does that mean that every time a twisty cube image appears in an advertisement, on television, in music videos, etc the person who made that content had to contact Seven Towns?

Nope, but they view it nicer if you ask first! Have your friend contact Seven Towns to get the correct information. If there's money to be made they'll be interested. If there's no money to be made then perhaps they'll be interested in helping out your friend!

 

[brunson]

From what I've read, the patent on the mechanism for the Rubik's cube expired long ago. Seven Towns holds a trademark on the name and their logo. I believe they also have either a trademark or a design patent on their color scheme.

 

[Zarxrax]

I believe the image of the rubiks cube is copyrighted. (it was originally created as artwork, rather than a toy, if memory serves correctly)
Patents on the actual mechanism are expired though.

 

[cubeschrauber]

I also would like to know more about that. I'm nearly finished with an iPhone App which solves the cube. First it displays a two dimensional form of the cube which allows to tap in the colors. Then i intend do display a sequence of moves as the solution. The pictures would look something like that:

Would that be a violation of Seven Towns Rights. What about images around here in that forum and elsewhere?

 

[masterofthebass]

I'm sorry to inform you, but Seven Towns has already gotten most of the Rubik's cube related apps taken down from the app store, and put up their own official app. The likeness of the rubik's cube is still definitely owned by them, so they have decided they want the only cube solving app.

 

[MichaelErskine]

Why not ask the only people who can help you?

http://www.seventowns.com/contact.htm

...not so hard really!

 

[cubeschrauber]

Their claim is:

The RUBIK'S CUBE® in its three dimensional form and any graphic or photographic representation of it, in any configuration, coloured or uncoloured, whether it carries the RUBIK'S CUBE® name or logo, is protected by intellectual property laws throughout the world.

I can see a photographic representation of it in your avatar. Did you ask them?

I'm not primarily interested in their opinion. I'm really astonished about the possibility of such a claim. The cube is a widespread article with interesting properties which leads to some need to exchange ideas. This in turn leads to the necessity using pictures of it. So using pictures of the cube is some sort of freedom of expression. Why should i ask anybody if i draw or take a picture of something laying on my desk?

What if they come up with the claim to forbid us using the letters LRUDFB because they are cube related?

 

[Bryan]

I'm really astonished about the possibility of such a claim. The cube is a widespread article with interesting properties which leads to some need to exchange ideas. This in turn leads to the necessity using pictures of it.

OMG! You're probably the first people in the world to ever come up with this defense! If only Johnny Cochran was still alive.....

Oh wait, what you're talking about is "Fair Use", and there's a bunch of legal stuff behind it that's way too complex to cover in a webpage blurb.

 

[Stefan]

I think that claim is a bold lie anyway. For Europe, their trademark even includes quite precise definitions of the six colors, so an uncoloured cube certainly doesn't fit that trademark. Haven't seen what they have for other parts of the world, though I expect it to be similar. Plus I very much doubt the "throughout the world". And in my opinion, they should provide references to their trademarks etc. Not providing them and making very general claims is an obvious attempt to just scare people. If they actually had the full protection they claim, they would show it.

 

[Olivér Perge]

For Europe, their trademark even includes quite precise definitions of the six colors, so an uncoloured cube certainly doesn't fit that trademark.

Are you sure, that the trademark is not extended with the colours?

Not providing them and making very general claims is an obvious attempt to just scare people.

That's true.

If they actually had the full protection they claim, they would show it.

That is not necesseraly true. Why would they bother to show us anything?

In Hungary someone (I'm not going to mention any names involved) wanted to organise a competition. He/she informed Rubik Studio (which company doesn't even exist, btw.) who wasn't not really happy about the idea. The competition happened anyway, the organiser got sued.

As far as I know, in Hungary even the uncoloured verison is protected. In Hungary we had a Croatia turism banner, which had a cube coloured in red and white only. The company got sued too.

I can see a photographic representation of it in your avatar. Did you ask them?

Thank you for asking nonsense. Why the hell would they care if you use a Rubik's Cube in your avatar? They can use this if they get damaged by someone using their trademark. In other words: if you might get profit through their trademark, they will most likely look for you. (They go' find ya'... So you can run and tell that! )

 

[qqwref]

I'm interested by the text "whether it carries the RUBIK'S CUBE® name or logo" in the copyright claim. It seems to me to imply that something which carries neither the name nor logo of Rubik's does not fall under this statement. But maybe they are just being a bit unclear.

Oh wait, what you're talking about is "Fair Use", and there's a bunch of legal stuff behind it that's way too complex to cover in a webpage blurb.

You're right, he is. But fair use doesn't actually exist anymore in practice.

 

[cubeschrauber]

This:

They can use this if they get damaged by someone using their trademark.

and that:

if you might get profit through their trademark, they will most likely look for you.

are completley different things.

What if i sell a book with instructions and graphics about the cube. I may make profit. Do i damage them (assuming they are selling cubes and not books)? Is my profit automatically their damage? BTW i do not intend to make any profit. I'm just interested in solution algorithms and ways to display them.

whether it carries the RUBIK'S CUBE® name or logo

I'm also wondering about that, but always thought that's my lack of knowledge in english

You're probably the first people in the world to ever come up with this defense!

There's nothing i have to defend. Oh sorry, do you mean the picture in my first post on this topic?

 

[MichaelErskine]

What if i sell a book with instructions and graphics about the cube. I may make profit. Do i damage them (assuming they are selling cubes and not books)? Is my profit automatically their damage? BTW i do not intend to make any profit. I'm just interested in solution algorithms and ways to display them.

Dude, talk to SevenTowns: they're quite approachable and they'll let you know whether what you are trying to do requires licensing or not.

 

[Stefan]

Are you sure, that the trademark is not extended with the colours?

Yes. They're right there in the single sentence description of the trademark. Search for trademark 005696232 here:
http://oami.europa.eu/CTMOnline/RequestManager/en_SearchBasic

Why would they bother to show us anything?

First of all: they already do. They do have those pages claiming rights. If they actually had them, showing them would actually make me believe them and might keep me from using the cube in ways that would harm them. Also, hiding their rights documents to keep people from actually knowing what they are is mischievous and unethical, I believe this would weaken them in court. They ought to make money from their products, not from suing (check out patent trolls for something in that direction). If they really do have what they claim, they have nothing to lose by showing it, but something to gain. That's why they'd "bother".

the organiser got sued.
The company got sued

And what were the results? I might be able to sue you because I don't like your nose. Doesn't mean I'm right, and doesn't mean I'll win the lawsuit. So, what were the results of those lawsuits?

talk to SevenTowns: they're quite approachable and they'll let you know whether what you are trying to do requires licensing or not.

Though, they might just tell you whether they want you to license it.

Note: I do like Dave and Chrisi from SevenTowns, they're nice people and yes one can talk with them. I just disagree about some of the legality behavior.

 

[Olivér Perge]

And what were the results? I might be able to sue you because I don't like your nose. Doesn't mean I'm right, and doesn't mean I'll win the lawsuit. So, what were the results of those lawsuits?

As far as I know the organiser recieved an official warning, which included that any case like that in the future will cause him/her a lot of money.

For the company, also, as far as I know, the claimant won the lawsuit and got a fairly big amount of money.

They won also a lot of money when a hungarian company used a Rubik's Cube design in their commercial video.

 

[TK 421]

I'm sorry to inform you, but Seven Towns has already gotten most of the Rubik's cube related apps taken down from the app store, and put up their own official app. The likeness of the rubik's cube is still definitely owned by them, so they have decided they want the only cube solving app.

correction

most of the FREE apps, but timers is still safe

dude, seventowns should be banned from cubing world. their actions only makes everthing worse

i'll let them pass with iphone. BUT I'll spam them like 10000000000000000x on junk mails if they mess with Macintosh's app store next year (mac os lion)

(i've already made a note "The TRUTH behind Rubik's brand" on FaceBook. and sharing them with "i can do the cube's fan/follower"

 

[PatrickJameson]

i'll let them pass with iphone. BUT I'll spam them like 10000000000000000x on junk mails if they mess with Macintosh's app store next year (mac os lion)

Because that will solve everything.